Senators poised to name Martin to federal appeals court

By Bob Keefe

The Atlanta Journal-Constitution

Senators grilled President Barack Obama’s nominee for the federal appeals court in Atlanta over her controversial ruling in a recent child sex case, commended her for her overall record and appear poised to approve her nomination to the full Senate.

In addition to getting approval from the president and other top Democrats, U.S. District Judge Beverly Martin received praise from key Republicans on the Senate Judiciary Committee, as well as from both of Georgia’s Republican senators. “You just don’t hear any negative comments about the way she handles herself in the courtroom and her ability to make the right decisions,” Republican U.S. Sen. Saxby Chambliss of Georgia said in an interview after the committee meeting Wednesday. Chambliss said he didn’t see any major hurdles to the appointment of Martin, a longtime friend.

Republican Sens. Orrin Hatch of Utah and Jeff Sessions of Alabama did question Martin about her September ruling in a child sex case. In her ruling, Martin cut 10 years off of what should have been a 30-year mandatory sentence for a Texas man convicted of trying to have sex with what he thought was an underage girl in an FBI sting operation. The 11th U.S. Circuit Court of Appeals — the very court to which Martin has been nominated — has said it will review the ruling.

Martin’s ruling, which was recently detailed in the AJC, brought sharp criticism from top House Republicans earlier this year. Led by Texas Republican Rep. Lamar Smith, the nine House members took the unexpected step of filing a court brief asking the appeals court to overturn Martin’s decision. The House members contend that Martin strayed from Congress’ intent when she decided the congressionally mandated 30-year minimum sentence for crossing state lines with the intent to have sex with a minor was too harsh.

“I was disturbed by the decision,” Hatch said.

Martin said she applied a Supreme Court test when she was considering sentencing of sex offender Kelly Farley of Texas, who was arrested in Atlanta. Since Farley didn’t actually have sex with a minor and was a first-time offender, and since mandatory minimum sentences for other crimes are less harsh, Martin said she determined 30 years was disproportionate. Her sentence was still plenty tough, she reminded the Senate panel.

“I sentenced him to 20 years,” she said. “I didn’t just let him go home.”

Speaking in a soft Southern drawl, Martin stumbled several times during her explanation. But her answer apparently appeased both Hatch and Sessions, who later indicated she had their support.

“I’m going to support you, but I did want to hear what your reasoning was,” Hatch told her.

The Senate Judiciary Committee could vote on whether to approve Martin’s nomination within the next several days. If so, the full Senate could expect to consider her nomination by Aug. 7, when it begins its month-long recess.

Martin, 53, was appointed to the district court bench in 2000 by President Bill Clinton. A native of Macon, she also served as a U.S. Attorney and as an assistant attorney general in Atlanta. The White House first contacted her in April about the appeals judge opening, and her nomination was formally submitted last month. If confirmed by the Senate, she would replace retiring Judge R. Lanier Anderson III on the 12-member appeals court.

Law is her family business. Her father, grandfather and great-grandfather were all lawyers. Chambliss said that as a young corporate lawyer 40 years ago, he tried to emulate the success of the Martins and was a good friend of her father.

“Beverly brings a great tradition ... to the bench,” Chambliss said.